APHC010185842022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11891/2022 Between: 1. SHAIK SILAR,, S/O. SHAIK MOULALI, AGED ABOUT 49 YEARS, R/O. 19-12-187, 7TH LINE, SANGADIGUNTA, L.R. COLONY, GUNTUR ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, LALAPET POLICE STATION, GUNTUR. 5. THE SUB INSPECTOR OF POLICE, LALAPET POLICE STATION, GUNTUR. 6. B PRABHAKAR, PRESENTLY WORKING AS CI OF POLICE (SHO), LALAPET LANDO POLICE STATION, GUNTUR. 7. SRI NAGENDRA, PRESENTLY WORKING AS SUB-INSPECTOR OF POLICE, LALALPET LANDO POLICE STATION, GUNTUR 8. DEPUTY SUPERINTENDENT OF POLICE, , TRAFFIC, EAST GUNTUR, NAGARAMPALEM, GUNTUR. 2 9. THE INSPECTOR OF POLICE, EAST TRAFFIC POLICE STATION, GUNTUR URBAN, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 4 to 7 in interfering with the petitioner street vending business in Lalapet Fruit Market are, Guntur City as illegal and arbitrary and in without any authority of law and jurisdiction and in violation of the petitioner fundamental rights guaranteed under Article 19 of Constitution of India and consequently direct the respondents not to interfere with the petitioner's street vending business in the present place of Lalapet fruit Market Area, Guntur city and to pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Hon'ble Court may be pleased to direct the respondents or any other officers, subordinates not to interfere with the petitioner's street vending business in Lalapet fruit Market area, Guntur City pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. RAJA REDDY KONETI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11891 of 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 4 to 7 in interfering with the petitioner street vending business in Lalapet Fruit Market are, Guntur City as illegal and arbitrary and in without any authority of law and jurisdiction and in violation of the petitioner fundamental rights guaranteed under Article 19 of Constitution of India and consequently direct the respondents not to interfere with the petitioner's street vending business in the present place of Lalapet fruit Market Area, Guntur city and to pass.…” 2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by 3rd party, a case in Cr.No.214 of 2022 under Sections 341, 506 r/w 34 of IPC on 13.04.2022. The police are trying to issue 41(A) notice to the petitioner but he did not turn up for the same. He would further submit that the petitioner is involved in another case in Cr.No.131 of 2009 under Section 120-B of IPC and Section 27 (i) of Arms Act. The respondent police have opened rowdy sheet against the petitioner vide C.69/Genl(SDPO/2009), dated 10.08.2009. 4 Learned Assistant Government Pleader for Home finally submits that the police are not interfering with the business activities of the petitioner. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the same, this Writ Petition is disposed of. However, the police are directed not to involve in the business activities of the petitioner, except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 11891 of 2022 Dated.06.11.2025 UPS 202